Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 04, 2023
CASE NO(S).: OLT-22-002404
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: MacPherson Realty(Peterborough) Ltd./Monkman Realty Ltd./1853913 Ontario Ltd.
Subject: Application to amend Zoning By-law No. 97-123 - Refusal or neglect of the City of Peterborough to make a decision
Existing Zoning: C.6 and M3.2
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit mixed-use development on the subject lands with 126 residential units
Property Address: 375 Aylmer Street North, 243 & 247 Hunter Street West
Municipality: City of Peterborough
Municipal File No.: Z2007
OLT Case No.: OLT-22-002404
OLT Lead Case No.: OLT-22-002404
OLT Case Name: MacPherson Realty(Peterborough) Ltd. et al v. Peterborough (City)
Heard: March 15, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| MacPherson Realty (Peterborough Ltd)/Monkman Realty Ltd/1853913 Ontario Ltd. | J. Ewart |
| City of Peterborough | S. Seabrooke, A. Barber (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER AND G.C.P. BISHOP ON MARCH 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) regarding an appeal brought pursuant to s.34(11) of the Planning Act by MacPherson Realty (Peterborough Ltd)/Monkman Realty Ltd/1853913 Ontario Ltd. (collectively, the “Appellant”) concerning the non-decision of the City of Peterborough (“City”) on the Appellant’s application for a site specific zoning by-law amendment (“ZBLA”) to facilitate re-development for the properties known municipally as 375 Aylmer St N, 243 and 247 Hunter St W (“Subject Properties”).
STATUS UPDATE
2At the first CMC held on September 14, 2022, the Parties were directed to prepare an Issues List for the second CMC. No Issues List was tendered at the second CMC.
3The Tribunal was advised by Counsel that progress between the Parties had been made on the outstanding issues, and in particular, through a letter dated December 5, 2022, safe access to the site had been confirmed to the satisfaction of the Otonabee Region Conservation Authority. Counsel for the Appellant stated that a conceptual site plan was expected to be delivered to the City by March 31, 2023.
4Counsel for the Appellant requested that a hearing date be scheduled despite the lack of an Issues List. It was Counsel’s hope that the hearing date could then be converted into a Settlement Conference if an agreement between the Parties was reached in the interim.
TRIBUNAL-LED MEDIATION
5The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the case coordinator should they chose to pursue this option.
SCHEDULING OF HEARING
6It was agreed by Counsel that two days would be sufficient for a hearing on the merits of the ZBLA. Rather than have Counsel prepare a draft Procedural Order, the Tribunal will include the relevant dates, for deliverables, in its Order.
7The Tribunal reminded the Parties that, in the event of a settlement, the Parties are directed to submit to the Case Coordinator, the Minutes of Settlement and other supporting documents and relevant material to the Tribunal in advance of the Settlement Conference.
8The Tribunal has scheduled a two (2) day merit hearing to proceed by Video Hearing commencing on Wednesday, June 21, 2023, at 10:00 a.m.
9Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
10The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
12Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14THE TRIBUNAL ORDERS THAT:
a. The Merit Hearing is scheduled to commence on Wednesday, June 21, 2023, at 10 a.m. by video hearing for a period of two (2) days.
b. The Parties are directed to submit an agreed upon Issues List to the Tribunal no later than April 11, 2023.
c. The Parties will supply to each other and the Tribunal the list of witnesses they wish to call no later than May 19, 2023.
d. The Parties are directed to submit to the Tribunal the Witness Statements and Joint Book of Documents no later than June 5, 2023.
15The Members are not seized.
16No further notice is required.
“G.A. Croser”
G.A. CROSER
MEMBER
“G.C.P. Bishop”
G.C.P. BISHOP
ALTERNATE CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.